Orkney Dive Boat Operators' Association

logo

ODBOA Constitution

1. Name

  1. The name of the organisation will be the Orkney Dive Boat Operators Association, hereinafter referred to as the Association.

2. Objectives

The objectives of the Association are:

  1. To act as a voice and make representations on behalf of the Orkney dive boat industry on a local, national and international level as appropriate;
  2. To raise awareness of the Orkney dive boat industry within Orkney as well as on a national and international level;
  3. To act as a forum for discussion on safety and operational issues of relevance to the dive boat industry in Orkney and if appropriate, issue guidelines and recommendations on operating practices to its members;
  4. To promote the enhancement of the diving industry in Orkney on behalf of the Association members;
  5. To continually strive for improvement in operating standards within the Orkney dive boats industry through the promotion of best practice in safety and technical procedures as recommended by governing bodies (eg MCA);
  6. To support and represent members of the Association through affiliation with bodies such as the Professional Boatman’s Association.

3. Powers

In furtherance of these objectives the Association will have powers to:

  1. Liase with local and national statutory and non-statutory organisations concerning the dive boat industry;
  2. Enter into arrangements or contracts with local authority or other competent bodies, companies or persons;
  3. Provide information and advice on the diving industry in Orkney;
  4. Set standards on safety and operating practices to be met by members of the Association as established by the relevant governing bodies (eg MCA: see links).
  5. Employ paid staff and volunteers and rent or purchase property.

4. Membership

  1. Membership will be given to any dive boat operator, whose boat meets the required standards of the Association and who operates as a dive boat in Orkney waters.
  2. A dive boat membership may collectively comprise the owners and skipper of the vessel. However, each named “dive boat” will have one vote only. The nominated voting representative of each dive boat must be identified at the start of each Association meeting.
  3. Members unable to attend meetings may nominate a proxy.
  4. A quorum for Association meetings will be representatives from six different dive boats.

5. Subscriptions

  1. Membership annual subscriptions will be determined from time to time by the Association and will become due at the start of each financial year.
  2. A dive boat operator ceases to be a member if their annual subscription is unpaid 30 days after it falls due.

6. Office Bearers

  1. The Association will elect from among their number a Chairman, Vice Chairman, Secretary and Treasurer at the AGM. No two Office Bearers may be from the same dive boat.
  2. Office Bearers will serve for a period of two years when they will be required to retire, but will be eligible for reappointment unless they state otherwise.
  3. The Association may appoint officers from statutory and non-statutory organisations as advisers to the Association. Advisers so appointed will not have a vote.
  4. The Association may form working groups on topics upon such terms and conditions as it thinks fit and subject to the approval of the Association may co-opt non- members to these working groups.

7. Meetings

  1. The Association will meet not less than 4 times per year.
  2. The Annual General Meeting will be held no more than 18 months after the previous AGM.
  3. All members will receive written notification giving a minimum of 14 days notice of the Annual General Meeting.
  4. The Business to be transacted at the Annual General Meeting will include:
    1. Chairman’s Annual Report
    2. Financial Report
    3. Election of Committee Members
    4. Appointment of an Auditor (? – is this a legal requirement)
  5. Voting at Annual General Meetings shall be as described in paragraphs 4.a, 4.b and 6.c
  6. Extraordinary General Meetings may be called by a majority of the Association, or by a signed notice by 6 members (see paragraph 4.c) provided that the business to be transacted is stated and all members given a minimum of 14 days notice in writing.
  7. Ordinary meetings may be called at any time providing reasonable notice is given.

8. Finance

  1. All monies raised by or on behalf of the Association will be applied solely towards the promotion of the Objectives of the Association and for no other purpose whatsoever.
  2. A bank account or accounts will be opened in the name of the Association.
  3. The Association’s financial year will begin on the 1st September each year.
  4. The Treasurer will ensure that proper accounts of the finances of the Association are maintained and that the accounts are audited once a year and presented to members at the AGM.
  5. The Association will appoint no fewer than ? signatories who will be responsible for signing all cheques and other documents on behalf of the Association. ? signatures will be required on all cheques and other documents.

9. Indemnity

  1. Any member, office bearer or paid employee of the Association shall be accountable only for such money or property that he/she actually receives for or on behalf of the Association, and is answerable only for his or her own acts or defaults and not for any other person or body nor for any loss or damage of any kind which may happen in the execution of his or her duties.

10. Alterations to the Constitution

  1. This Constitution may be altered or amended by the Association at a General Meeting of the Association for which due notice has been given to every member, and at which two thirds of those present and voting, vote in favour of the alteration or amendment.

11. Dissolution

  1. The Association may be dissolved by a resolution supported by not less than two thirds of those present and voting at a General Meeting for which a minimum of 14 days notice has been given in writing to members stating the resolution.
  2. Should the Association be dissolved, any property or funds remaining after satisfaction of all debts and liabilities will be transferred equally between each paid up dive boat member as described in paragraph 4.2. In case of dispute, all property and funds remaining after satisfaction of all debts and liabilities will be donated to the Royal National Lifeboat Institution or other nominated marine charity.

© ODBOA   Webpage Update Mar 2004